The Student Room Group
Surely the first example is a gracious unilateral obligation and would therefore have to be in writing?
Reply 2
what about his state of mind
Reply 3
TwickleC
I.e. If a house was on fire and a man trapped on the 2nd floor of the burning house shouted out that he would give all his money to the person who hands him a ladder so he can get down, does he HAVE to give that person who saved his life all his money?

and how come pre-nutial agreements are not binding?


I think, although I may be incorrect, that this would not constitute a binding contract. Perhaps a citizen will be under a general duty to help his fellow citizens and thus he will not be acting beyond these ordinary obligations and so is not providing consideration?
Reply 4
enchantingchap
I think, although I may be incorrect, that this would not constitute a binding contract. Perhaps a citizen will be under a general duty to help his fellow citizens and thus he will not be acting beyond these ordinary obligations and so is not providing consideration?


I don't think there is a legal duty of care here (if I remember correctly, that generally applies between parents/children etc. but not fellow citizens). If anything, the issues lies with whether or not he intended to enter into contractual relations, in my opinion. Given the pretty extreme circumstances in which he made the offer, it's arguable that he didn't.
Id be careful with your terminology. it may be seen like clutching at straws a bit, but a contract is, by definition, legally binding.
i think the question you are asking is whether or not a contract has been formed, not whether or not it is "binding".
Reply 6
There is definitely no intention by the man to create legal relations. At that point in time, he would have said anything in order to get another person to give him a ladder. However, that having said, it must aslo be noted that if we were to say there was no contract, then we promote the idea that it is acceptable to make false promises, which I dont think the legal system should be potraying. But hey!, common law is the common law, its not always "just". I doubt a judge would say that it was a binding contract for lack of intention to create legal relations. :smile:
Reply 7
manthi
There is definitely no intention by the man to create legal relations. At that point in time, he would have said anything in order to get another person to give him a ladder. However, that having said, it must aslo be noted that if we were to say there was no contract, then we promote the idea that it is acceptable to make false promises, which I dont think the legal system should be potraying. But hey!, common law is the common law, its not always "just". I doubt a judge would say that it was a binding contract for lack of intention to create legal relations. :smile:


I suspect a judge would be pretty sympathetic to someone who had to resort to offering money to save his life.

Latest

Trending

Trending